Marti Wimmer, foreground 2nd from left, and her daughter, Christina Criscitiello, far right, listen as Senator Diane Savino, left, addresses those gathered at a press conference at the Capitol in Albany, NY on Wednesday, March 30, 2011. The press conference was held to announce legislation named after Marti's daughter, Caroline Wimmer, who was murdered in March of 2009. The bill, would make it a felony for public servants to broadcast unauthorized crime scene images that were taken during the course of their official duties. In 2009, an EMT that responded to the scene of Wimmer's death, then later posted a photograph he took of Wimmer on Facebook. Senator Savino is the prime sponsor of the bill in the Senate. (Paul Buckowski / Times Union)

Marti Wimmer, foreground 2nd from left, and her daughter, Christina Criscitiello, far right, listen as Senator Diane Savino, left, addresses those gathered at a press conference at the Capitol in Albany, NY on

Marti Wimmer, foreground left, and her daughter, Christina Criscitiello, right, address those gathered at a press conference at the Capitol in Albany, NY on Wednesday, March 30, 2011. The press conference was held to announce legislation named after Marti's daughter, Caroline Wimmer, who was murdered in March of 2009. The bill, would make it a felony for public servants to broadcast unauthorized crime scene images that were taken during the course of their official duties. In 2009, an EMT that responded to the scene of Wimmer's death, then later posted a photograph he took of Wimmer on Facebook. (Paul Buckowski / Times Union) less

Marti Wimmer, foreground left, and her daughter, Christina Criscitiello, right, address those gathered at a press conference at the Capitol in Albany, NY on Wednesday, March 30, 2011. The press conference was ... more

Photo: Paul Buckowski

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Marti Wimmer, left, and her daughter, Christina Criscitiello, right, listen during a press conference at the Capitol in Albany, NY on Wednesday, March 30, 2011. The press conference was held to announce legislation named after Marti's daughter, Caroline Wimmer, who was murdered in March of 2009. The bill, would make it a felony for public servants to broadcast unauthorized crime scene images that were taken during the course of their official duties. In 2009, an EMT that responded to the scene of Wimmer's death, then later posted a photograph he took of Wimmer on Facebook. (Paul Buckowski / Times Union) less

Marti Wimmer, left, and her daughter, Christina Criscitiello, right, listen during a press conference at the Capitol in Albany, NY on Wednesday, March 30, 2011. The press conference was held to announce ... more

Photo: Paul Buckowski

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Facebook murder picture horror inspires bill

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ALBANY -- Two years after a medical responder posted a Facebook photo of a murdered Staten Island woman, state lawmakers are pushing to beef up the penalties for such acts.

A group of Staten Island legislators, including the members of the Senate's Independent Democratic Conference, introduced bills in the Senate and Assembly on Wednesday that would make it a felony for an on-duty public servant to take a picture or video of a crime scene for private use, such as Facebook distribution.

Under current state law, the maximum penalty is a misdemeanor.

The bill's sponsors are calling it "Caroline's Law," in remembrance of 26-year-old Caroline Wimmer, who in March 2009 was found in her apartment strangled with a hair-dryer cord. Mark Musarella, an EMT responding to the scene, snapped a shot of her body with his cellphone and uploaded it to Facebook.

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The action provoked the family to sue the social networking site, demanding it turn over the image and destroy copies in its possession. Musarella was fired and charged with a misdemeanor before he pleaded guilty to a reduced charge of disorderly conduct. He served 200 hours of community service.

In an emotional speech during a news conference at the Capitol, Wimmer's mother, Marti Wimmer, said, "Who is the monster that took my daughter's beaten body and put it on Facebook, and won't give it back to me?"

"No first responders have the right to do this," she continued, her eyes full of tears. "If this was your child, wouldn't you feel the way I do?"

The law wouldn't apply to photographers who are authorized by police to take photos for evidence, but rather workers who snap shots "outside of the course of conduct of the public servant's official duties."

"Those professionals who are responding must always be mindful of the integrity of the scene," said Lanza, a co-sponsor of the bill. "More than that, when the scene involves the death of a human being, that scene must be treated with respect, and dare I say tenderness. And tenderness was lacking two years ago."